The tariff classification of a shotgun cleaning rod from China

N115762 July 26, 2010 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.5090 Mr. William J. Sawicki Ventco Inc. 15050 Berkshire Industrial Parkway Middlefield, OH 44062 RE: The tariff classification of a shotgun cleaning rod from China Dear Mr. Sawicki: In your letter dated July 13, 2010, you requested a tariff classification ruling. A prototype sample of a shotgun cleaning rod and a printout of the front and back packaging were submitted for our review. The subject article is identified in your letter as the Barrel Wizard. The article is a three piece shotgun cleaning rod. The Barrel Wizard is composed of a telescoping cleaning rod, a snap-cap with an oil reservoir, and a paper towel holding device. The adjustable cleaning rod measures approximately 27 inches to 40 inches in length. The Barrel Wizard is made of aluminum, brass, steel, delrin/acetal and rubber. The article is composed of approximately 71 percent aluminum. You state that the Barrel Wizard is a cleaning device that cleans by manual pushing and pulling. The article will clean 12, 16 and 20-gauge firearms. In your letter, you propose classification for the Barrel Wizard in chapter 73, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of iron or steel. However, Section XV, Note 5(a) indicates that an alloy of base metals is to be classified as an alloy of the metal which predominates by weight over each of the other metals. Since the aluminum predominates by weight over each of the other metals in the article at issue, the Barrel Wizard will be classified in chapter 76, HTSUS, which provides for aluminum and articles thereof. The applicable subheading for the Barrel Wizard will be 7616.99.5090, HTSUS, which provides for other articles of aluminum, other, other, other, other, other, other. The rate of duty will be 2.5 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division